HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 2052 of 2023 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant, Shri Prabhu Narain Tiwari, learned counsel for the respondent/informant and learned AGA for the State. 2. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with a prayer to allow the appeal, set aside the bail rejection order dated 13.2.2023 passed in Criminal Misc. Anticipatory Bail Application No.262 of 2023, and to release the appellant on bail in Case Crime No.18 of 2023, under Sections 452, 323, 354 (A) & (B), 376, 506 of IPC and Section 3 (2) (V) SC /ST Act, Police Station - Lalganj, District - Mirzapur. 3. Victim lodged the first information report against the present appellant wherein she stated that the appellant in absence of her husband arrived at her house in the night of 14.1.2020 at about 11:00 pm, started knocking her door and when she opened the door, the appellant entered her house and started molesting her. When she started raising alarm, the appellant pushed her and ran away from her house. 4. Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in this case. The first information report was lodged in this case after a delay of five days on Versus Counsel for Appellant(s) : Pramod Kumar Mishra, Rupendra Kumar Mishra, Suneel Kumar Mishra Counsel for Respondent(s) : G.A., Manoj Kumar Mishra, Prabhu Narain Tiwari, Pramod Kumar Srivastava, Rohit Kumar Shukla Gauri Shankar Pandey .....Appellant(s) State of U.P. and Another .....Respondent(s) 19.1.2023. FIR in this case was lodged against him on 19.1.2023, but it is significant that proceedings under Section 107, 116, 151 Cr.P.C. were also initiated against him on 20.1.2023. It was also submitted by the learned counsel that his agricultural fields lie adjacent to the house of informant and cattle of informant entered into his agricultural fields. Subsequently, a dispute arose between the appellant and the husband of the informant in this regard. Therefore, the first information report on false allegation has been made against him. It was submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. In such circumstances, the appellant is entitled to anticipatory bail. 5. Learned A.G.A. and the learned counsel appearing for the informant have vehemently opposed the prayer for bail and have submitted that the appellant committed an offence of trespassing into the house of victim in the night and also tried to commit rape upon her. It was submitted that before committing the said act, the appellant in order to ensure that husband of victim was not present at house, called victim's husband on mobile and when he became sure that husband was not present at house, he entered the house of victim. Hence, the appellant is not entitled for anticipatory bail. 6. I have considered the rival submissions so made and have gone through the entire record. From perusal of the FIR, it appears that an attempt of molestation was made by the appellant by entering into the house of victim and its first information report was lodged after a delay of five days 7. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, the Court is of the opinion that the appellant has made out a case for bail. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. Pending application, if any, shall stand disposed of. 9. Let the appellant- Gauri Shankar Pandey, involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties CRLA No. 2052 of 2023 2 each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 10. In case of breach of any of the above conditions, the court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 13, 2025 SK CRLA No. 2052 of 2023 3 (Anil Kumar-X,J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad